Factors to Consider in a Motorcycle-Accident Settlement
For many motorcyclists involved in a crash resulting in serious injury, a settlement may be preferable to going through a long and drawn-out court process. Settling a case outside of the courtroom not only eliminates the uncertainty of a jury-trial outcome but also can ensure that you receive compensation for your injuries and damages. It may also be preferable for insurance adjusters if the cost of a court case exceeds the cost of making a settlement offer.
If you decide to accept a settlement of your motorcycle-accident case, you'll want a fair settlement that takes into account several of the factors mentioned below.
The Extent of Negligence or Impairment
The amount you'll receive in a settlement may vary depending on the amount of negligence shown on part of the driver found at fault for the accident. For instance, you may receive a significantly larger settlement if the at-fault driver was found intoxicated or otherwise impaired at the time of the accident. A display of gross negligence, including a flagrant disregard of local traffic laws and other motorists' well-being, can also have a major effect on your eventual settlement amount.
Demands for larger settlement amounts can be backed by documentation and other evidence clearly proving the at-fault driver's level of negligence, including traffic citations issued in the aftermath of the accident.
The Extent of Your Injuries, Pain, and Suffering
The extent of your injuries can also play a significant role in determining a settlement amount. When determining a settlement, the insurance company must take into consideration a broad range of expenses incurred as a result of the accident, including the following.
- Past expenses for urgent post-accident care
- Present and future expenses for ongoing medical care, physical therapy, and rehabilitation
- Lost wages due to an inability to return to work
- Lifetime losses caused by semi-permanent or permanent injury
- General damages for intangible losses, including pain and suffering stemming from bodily injury
The Extent of Your Property Damage
In a collision between a motorcycle and a passenger car, the motorcycle usually comes out worse for wear. Given the potential for costly damage to expensive components and equipment, the type of damage caused to your motorcycle during the accident will also be factored into your settlement. If your motorcycle was rendered a complete loss in the aftermath of the accident, the replacement value of your motorcycle may also be included as part of your settlement.
Your settlement may also include any expenses you've incurred while seeking alternate transportation. For instance, you'll likely be reimbursed for the cost of your rental vehicle through your settlement.
Assignment of Partial Fault
Being found partially to blame for your motorcycle-accident injuries can play a major role in reducing your final settlement amount. If you were found partially at fault for the accident due to your own negligence or careless actions, the insurance company may fight for a significantly reduced settlement depending on the amount of fault you're responsible for. The amount of damages you stand to lose may depend on the system your state uses for establishing damage awards.
Overcoming Bias
Another factor that can have an unexpected impact on your settlement offer involves the biases and prejudices that motorcyclists are often subjected to, even within the courtroom. It's not unusual for a judge or jury's personal dislike of motorcyclists to play out when it comes to deciding settlement amounts.
Such biases are often exploited by insurance adjusters, leading to settlement offers that may be much lower than you'd expect. It's important for your motorcycle-accident attorney to demand a fair settlement that isn't tainted by the bias of insurance adjusters and others involved in the settlement process.
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